Definition of Motion to Modify

A motion to modify allows a parent or spouse to modify child support, child custody or spousal support arrangements. If couples cannot agree, however, the modification may require an appearance in court for a contested hearing. Major changes to any order, however, will require a new court order to be issued for it to be binding.

Child support modifications are often requested by the noncustodial parent if the child reaches the age of majority, if the paying parent’s financial status changes, if the paying parent loses their job, if the child has a medical emergency, if one of the spouse’s income increases, the cost of living increases, or either spouse remarries. The custodial parent may also ask for a modification if the child requires extensive medical care.

Child custody plans may also need to be modified occasionally as a child ages and starts attending school or engaging in more extra-curricular activities. Older children may also have the right to ask to live with the other parent and a motion to modify a child custody order may be needed. For child custody arrangements, if both parents agree to the modification the process may allow for an easy, uncontested battle. If not, it may involve a more difficult fight.

If you have questions about your current divorce settlement agreement or if you need to file a motion to modify, talk to a family law attorney for more information.

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